File #: 2019-18    Version: Name: Proposed Ordinance 2019-18: Merrick Square Land Use Plan Amendment
Type: Ordinance Status: Passed
File created: 10/2/2019 In control: City Commission
On agenda: 2/17/2021 Final action: 2/17/2021
Title: MOTION TO ADOPT PROPOSED ORDINANCE NO. 2019-18 ON SECOND AND FINAL READING. PROPOSED ORDINANCE NO. 2019-18 IS AN ORDINANCE OF THE CITY OF PEMBROKE PINES, FLORIDA ADOPTING THE PROPOSED REGULAR SCALE LAND USE PLAN AMENDMENT; AMENDING THE CITY’S LAND USE ON AN APPROXIMATE 558-ACRE PARCEL OF PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF SW 172 AVENUE AND PINES BOULEVARD, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN, FROM 509 ACRES OF IRREGULAR RESIDENTIAL (2.243 DU/ACRE) PLUS 49 ACRES OF COMMERCIAL (WITHIN A DASHED LINE) TO 527.6 ACRES OF IRREGULAR RESIDENTIAL (2.621 DU/ACRE) PLUS 30.6 ACRES OF COMMERCIAL WITHIN A DASHED LINE FOR THE PURPOSE OF DEVELOPING A MAXIMUM OF 211 TOWNHOME UNITS; RECOMMENDING AN AMENDMENT TO THE BROWARD COUNTY LAND USE DESIGNATION ON THE AFOREMENTIONED PROPERTY; PROVIDING FOR TRANSMITTAL OF CERTIFIED COPIES OF THIS ORDINANCE AND PROPOSED LAND USE PLAN AMENDMENT TO THE BROWARD COUNTY PLANNING COUNCIL, THE DEPARTM...
Sponsors: Planning and Economic Development Department
Attachments: 1. 1. Prop Ord 2019-18 (Merrick Square Townhomes LUPA), 2. 2. Vicinity Map (Exhibit A), 3. 3. Comparative Analysis Merrick Square LUPA 061019, 4. 4. Unified Development Application, 5. 5. Merrick Square PZB 091219, 6. 6. Excerpt of PZB Meeting Minutes 091219, 7. 7. Economic Impact Statement Merrick Square 4.28.2020, 8. 8. Email (Re_ PH 2019-02 Merrick Square), 9. 9. Excerpt of CC Minutes 1st Reading 052020

Title

MOTION TO ADOPT PROPOSED ORDINANCE NO. 2019-18 ON SECOND AND FINAL READING. 

 

PROPOSED ORDINANCE NO. 2019-18 IS AN ORDINANCE OF THE CITY OF PEMBROKE PINES, FLORIDA ADOPTING THE PROPOSED REGULAR SCALE LAND USE PLAN AMENDMENT; AMENDING THE CITY’S LAND USE ON AN APPROXIMATE 558-ACRE PARCEL OF PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF SW 172 AVENUE AND PINES BOULEVARD, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN, FROM 509 ACRES OF IRREGULAR RESIDENTIAL (2.243 DU/ACRE) PLUS 49 ACRES OF COMMERCIAL (WITHIN A DASHED LINE) TO 527.6 ACRES OF IRREGULAR RESIDENTIAL (2.621 DU/ACRE) PLUS 30.6 ACRES OF COMMERCIAL WITHIN A DASHED LINE FOR THE PURPOSE OF DEVELOPING A MAXIMUM OF 211 TOWNHOME UNITS; RECOMMENDING AN AMENDMENT TO THE BROWARD COUNTY LAND USE DESIGNATION ON THE AFOREMENTIONED PROPERTY; PROVIDING FOR TRANSMITTAL OF CERTIFIED COPIES OF THIS ORDINANCE AND PROPOSED LAND USE PLAN AMENDMENT TO THE BROWARD COUNTY PLANNING COUNCIL, THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND ANY OTHER INTERESTED GOVERNMENTAL ENTITIES;  REQUESTING THE COUNTY ADMINISTRATOR TO AMEND THE BROWARD COUNTY LAND USE MAP; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (Public Hearing)

 

Summary Explanation and Background

SUMMARY EXPLANATION AND BACKGROUND:

 

1.   WGI, agent for the contract purchaser, DR Horton, Inc., is requesting a land use plan amendment for the Merrick Square Property from 509 acres of Irregular Residential (2.243 du/ac) plus 49 acres of commercial (within a dashed line) to 527.6 acres of Irregular Residential (2.621 du/ac) plus 30.6 acres of commercial). DR Horton, is under contract to purchase the subject +-27 gross acre property, from the School Board of Broward County (SBBC).

 

2.  At the public hearings of the Local Planning Agency on 6/27/19 and 8/8/19, the applicant requested deferral of their item so that they could have an opportunity to meet with the neighboring homeowner's associations.  The applicant's original submittal proposed an overall density of 2.701 units per acre with a maximum of 256 dwelling units on the subject property.  The application was subsequently amended to reduce the overall density to 2.663 with a maximum of 234 dwelling units.  The application for consideration by the City Commission now proposes an overall density of 2.638 units per acre with a maximum of 220 dwelling units on the subject property pursuant to the LPA recommendation on September 12, 2019.  The applicant has presented an updated proposal to the neighboring homeowner's associations since the deferral of their application.  The updated application now proposes an overall density of 2.621 units per acre with a maximum of 211 dwelling units.

 

3. The purpose of this Public Hearing is to consider a land use plan map amendment application at the request of DR Horton, the contract purchaser to change the Land Use Designation from 509 acres of Irregular Residential (2.243 d.u./acre) plus 49 acres of Commercial (within a dashed line) to 527.6 acres of Irregular Residential (2.621 d.u./acre) plus 30.6 acres of Commercial (within a dashed line) for the 558 acre property generally located on the southeast corner of SW 172nd Avenue and Pines Boulevard (Pembroke Shores).  These units will be located on the 26.88 acre commercially designated property at the northwest corner of SW 172nd Avenue and Pines Boulevard (Pembroke Shores).  Even though the proposed development will take place on approximately  26.88 acres of the 558 acre amendment area, the amendment process for sites within dashed lines mandates the change of land use on the entire 558 acres.

 

4.  The land use designations and existing uses of the surrounding properties are as follows:

 

North - Commercial and Low Residential (3 du/ac) -Spring Valley

East -   Irregular Residential (5.3 du/ac) - Agriculture

South - Estate - Lido Isles

West -  Commercial and Low Residential (3 du/ac) - Silver Lakes FQD

 

5.  The comparative analysis of Public Facilities and Services which is based on the maximum development potential of the site under the existing and proposed land use designations indicates increases in impacts on all public facilities and services with the exception of traffic circulation and solid waste.  The applicant has indicated that the wetland mitigation project for this area was never completed (1.35 acres permitted in 2009); however, the applicant will complete the wetlands mitigation area subject to Broward County requirements.  The applicant has submitted letters of available capacity and will mitigate any increased impacts during the concurrency/capacity analysis and review process.  The application has been transmitted to the SBBC staff pursuant to the interlocal agreement for public school facility planning; however, the SBBC staff has agreed to provide review comments during the County review process (see memo from SBBC staff, dated 5/13/19 - Attachment 8)

 

6. The applicant originally requested a maximum of 256 townhome units, then amended their application to reduce the density of the project to a maximum of 234 townhome units.

 

7. At the public hearing and regular meeting of the Local Planning Agency (Planning and Zoning Board) on September 12, 2019, the LPA passed a motion to transmit the Merrick Square Land Use Plan Amendment to the City Commission with a favorable recommendation subject to staff recommendations and a reduction of the number of townhomes on the +-26.88 subject parcel from 234 to 220 units.  The applicant has agreed to the LPA recommendation (see attached correspondence from the applicant - see Item 5). Following the acknowledgment of the revised unit total by the developer, the item was pulled from the October 16, 2019  Commission agenda. Subsequently, the applicant has submitted an updated application  reducing the units further and showing a maximum of 211 townhome units.

 

8. The proposed 211 units required an update to the City’s affordable housing analysis in compliance with Broward County Land Use Plan policy 2.16.2;  the City Commission adopted the amended analysis on August 19, 2020.

 

9. In addition to the proposed Land Use plan amendment application, the developer will be required to amend the zoning for the property and obtain plat and site plan approvals.

 

10. A zoning text amendment and a zoning map amendment are being heard concurrently on tonight's agenda. Both items are scheduled for first reading.

 

11. The contract purchaser, DR Horton has provided an economic analysis including new job projections for the proposed project. Dr Horton projects overall project investment in land and construction of over $58 million dollars (See attached Economic Impact Statement - Attachment 7). In addition, since the property is currently owned by SBBC, the property does not generate tax revenue. The sale of the property  to a private entity will benefit City by providing new real estate tax revenues.

 

12. The City Commission at its May 20, 2020 meeting voted to pass this Ordinance on first reading.

 

13.  The proposed amendment was transmitted after first reading to the Broward County Planning Council as well as DEO and other review agencies.  No comments were received.

 

14.  On January 26th, 2021, the Broward County Commission adopted the associated county amendment for Merrick Townhomes.

 

15. Staff recommends adopting proposed Ordinance No. 2019-18 on second and final reading.

 

 

Financial Impact

FINANCIAL IMPACT DETAIL:

 

a)   Initial Cost: Not Applicable

b)   Amount budgeted for this item in Account No: Not Applicable

c)   Source of funding for difference, if not fully budgeted: Not Applicable

d)   5 year projection of the operational cost of the project: Not Applicable

e)   Detail of additional staff requirements:  Not Applicable